Lawyers who handle hail and storm claims need to read this 2016,case from the Beaumont Court of Appeals. It is styled, In Re Windstorm Association, Brush Country Claims, Ltd., and David Guitierrez. This is a mandamus proceeding wherein the parties named above allege the court abused it’s discretion by compelling…
Dallas Fort Worth Insurance Lawyer Blog
Federal Court Pleadings
Brock insurance lawyers who help people with hail and storm claims need to read this opinion from the McAllen Division. The opinion is styled, Claudia Cavazos, et al v. Sussex Insurance Company, et al. Brian Ring was an adjuster assigned by Sussex to investigate a hail and storm damage claim…
Homeowner’s Policy And Intentional Act
Insurance lawyers in Brock Texas need to understand what a homeowners policy covers and what it does not cover. A 1997, United States 5th Circuit opinion lets us know one of the occurrences not covered. The style of the opinion is, State Farm Fire & Casualty Company v. Fullerton. Fullerton…
Duty To Defend
When a Texas homeowner is being sued by someone, will the homeowner’s policy defend against the lawsuit. This is a good question and a 1998, Houston Court of Appeals [1st Dist.] opinion gives some insight to the answer. The case is styled, Freedman v. Cigna Insurance Company. The Freedmans sold…
Kids Pranks And Homeowners Policies
Graford insurance attorneys will eventually see something that happened in an Eastland Court of Appeals opinion. It is a 2005 opinion, styled Curb v. Texas Farmers Insurance Company. A high school sophomore and a friend strung fishing line ankle-high across a courtyard area of the school. They intended to lure…
Hail Claims And Appraisal = Bad Faith?
When an insurance company complies with an appraisal can there still be bad faith? That question was answered with a “no” in a 1996, San Antonio Court of Appeals opinion. The opinion is styled, Toonen v. United Services Automobile Association. USAA insured Toonen’s home. The policy contained an appraisal clause. …
Vacancy Clause
Insurance lawyers dealing with homeowners claims will eventually see a situation similar to the one in this San Antonio Court of Appeals opinion. The case style is Lynn v. USAA Casualty Insurance Company and the opinion was issued in 1997. Mr. and Mrs. Lynn’s country home was insured by USAA. …
Coverage For Innocent Spouse?
Insurance attorneys in the Dallas and Fort Worth area will eventually find themselves in a situation like that presented in a 1999, Texas Supreme Court case. The case is styled, Texas Farmers Insurance Company v. Murphy. Mr. Murphy obtained homeowners insurance with Texas Farmers in 1993. Seven days later the…
Home Owners Policy And Arbitration
Texas attorneys who handle insurance claims will find an article from the Texas Tribune to interesting. The article published on November 3, 2016, and is titled, Texas Insurer Drops Push To Let Homeowners Forgo Right To Sue. The Texas Farm Bureau has dropped a proposal that would have allowed its…
Uninsured / Underinsured Coverage
Attorneys handling uninsured / underinsured claims will find this article from the Claims Journal interesting. The law discussed in the article is Missouri law but Texas law is similar and the results would probably be the same in Texas. The article is titled, UIM Endorsement Doesn’t Cover Worker Injured While…